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A Housing Victory
Information Bulletin # 184
By Steve Gold
On November 20, 2006, after four years of struggle, the Pittsburgh Three Rivers Center for Independent Living and the Housing Authority of the City of Pittsburgh entered a Court approved class action Settlement Agreement. This victory follows several losses in court and shows what can be accomplished when local disability advocates vigorously fight for accessible, affordable, integrated housing and when they are truly committed to enforce the civil rights in Section 504 of the Rehabilitation Act.
The Settlement Agreement requires substantial number of UFAS (Uniform Federal Accessibility Standards) public housing units to be developed by the Housing Authority. Specifically, 321UFAS accessible units will be developed from the Housing Authority's existing housing inventory. These will reflect the full range of both bedroom sizes and geographical locations. These will also result in 10% of the public housing for seniors and 5% for families be fully UFAS accessible.
It also requires private developers in Mixed-Income Communities receiving public housing subsidies have 10% of their existing units UFAS accessible.
Further, HA's planned new housing shall have 10% of the units UFAS accessible, thus increasing the overall public housing inventory to above 8% UFAS accessible.
Regarding the Housing Authority's obligations to "maximize the occupancy of UFAS accessible units" by individuals needing these units, the Settlement Agreement goes beyond the federal regulations. For example, it provides that persons who need accessible units may apply for the "first available" accessible unit in any of HA's projects and be placed on all waiting lists, and information regarding all of the accessible units will be made available.
The Settlement Agreement puts the Three Rivers Center for Independent Living at the table with the HA and any private developers. For example, if the HA has an accessible unit and does not know of a person who needs it, the HA shall notify TRCIL "before leasing such unit" to a nondisabled person "in order to allow TRCIL to locate a person who needs and qualifies for such a unit."
The HA agreed to work with TRCIL to assure that residents in nursing homes with disabilities are afforded equal access to accessible units.
Disability Advocates:
There are many, many public housing authorities throughout the country that violate Section 504 of the Rehabilitation Act because they do not have at least 5% of their units UFAS accessible and have not maximized occupancy of accessible units. The question is why other Centers for Independent Living and other disability advocates have not accomplished or even tried to achieve these results for persons with disabilities in their communities, especially since HUD in the spring, 2006 allocated $2.2 billion for capital improvements. See HUD Allocates Capital Funds and Accessible Units, Information Bulletin #163.
"Power concedes nothing without a struggle."
Steve Gold, The Disability Odyssey continues
Back issues of other Information Bulletins are available online at http://www.stevegoldada.com
with a searchable Archive at this site divided into different subjects. To contact Steve Gold directly, write to
stevegoldada@cs.com or call 215-627-7100.
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